Dilshad Nawaz Zaidi and 3 Others vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

Dilshad Nawaz Zaidi and 3 Others vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Prayer for quashing declined; however, the Trial Court is directed to dispose of any discharge application moved by the applicants, in accordance with law, after hearing both parties, by a reasoned and speaking order within six weeks of filing, and no coercive measures shall be taken against the applicants till disposal of the discharge application.

Issue for consideration

Whether the impugned order dated 13.08.2025 passed by the Additional Chief Judicial Magistrate, Nageena, Bijnor in complaint case no. 12 of 2020 under Sections 420, 452, 323, 504, 506 IPC should be quashed under Section 528 BNSS.

Court's answer

On the material on record and the facts of the case, at this stage it cannot be said that no offence is made out against the applicants; all submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court.

Ratio / Principle

The power to quash may be exercised only in cases where the Court finds failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.

Key takeaways

If the applicants move an application for discharge through counsel at an appropriate stage, the Trial Court shall dispose of it in accordance with law after giving opportunity of hearing to both parties, by a reasoned and speaking order within six weeks from the date of the application, if there is no other legal impediment.ratio¶11
Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) disposed of an application under S.528 BNSS seeking quashing of the order dated 13.08.2025 of the Additional Chief Judicial Magistrate, Nageena, Bijnor in complaint case no. 12 of 2020 (Rihana Khatoon Vs. Dilshad and others) under Sections 420, 452, 323, 504, 506 IPC, P.S. Dhampur, District Bijnor. Holding that the material disclosed no basis, at that stage, to say no offence was made out and that the submissions raised disputed questions of fact incapable of adjudication in the writ jurisdiction, the Court declined the prayer for quashing, noting such power is exercisable only on failure of justice or abuse of procedure. As the matter is a warrant case instituted on a private complaint, the Court directed that any discharge application moved by the applicants be decided by the Trial Court in accordance with law, after hearing both sides, by a reasoned and speaking order within six weeks, and that no coercive measures be taken against the applicants till its disposal. Judgment dated October 31, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 42397 of 2025

Dilshad Nawaz Zaidi And 3 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Imran Ali, Sheeba Rizvi
Counsel for Opposite Party(s)	:	G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application under Section 528 BNSS has been filed to quash the impugned order dated 13.08.2025 passed by the court of Additional Chief Judicial Magistrate, Nageena, Bijnor in complaint case no. 12 of 2020 (Rihana Khatoon Vs. Dilshad and others) under Section 420, 452, 323, 504, 506 IPC, P.S. Dhampur, District Bijnor.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice.

Accordingly, prayer for quashing is declined.

However, in the interest of justice as the matter pertains to warrant case instituted on private complainant, it is provided that in case the applicants move an application for discharge through counsel at an appropriate stage, the same shall be disposed of by the Trial Court in accordance with law after giving opportunity of hearing to both the parties by a reasoned and speaking order within six weeks from the date of the application, if there is no other

NA528 No. 42397 of 2025

2

legal impediment.

Till the disposal of the discharge application, no coercive measures shall be taken against the applicants in the aforesaid case.

With the aforesaid direction, this application is disposed of .

(Nand Prabha Shukla,J.)

October 31, 2025

A. V. Singh

Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad